Trees on Private Land Falling Onto Public Roads and Footpaths

WQ.89/2026

WRITTEN QUESTION TO THE MINISTER FOR INFRASTRUCTURE BY DEPUTY H.L. JEUNE OF ST. JOHN, ST. LAWRENCE AND TRINITY QUESTION SUBMITTED ON MONDAY 23rd MARCH 2026

ANSWER TO BE TABLED ON MONDAY 30th MARCH 2026

Question

"In relation to trees on private land falling onto public roads or footpaths, will the Minister advise –

1. the procedure that should be followed;
2. who is responsible for and carries out the clearing of the road or footpath;
3. who bears the cost for clearing and under what circumstances the landowner is liable for those costs;
4. where costs are recoverable from the landowner, what procedure is followed, and how frequently are such costs successfully reclaimed;
5. the amount the Government has spent on clearing fallen trees from public roads and footpaths in each of the last five years;
6. of the amount provided in (e), how much has been recovered from landowners; and
7. whether the Government and/or Parishes undertake any proactive inspection or issue advice to landowners where trees appear poorly maintained or present a risk to public roads or footpaths, and if so, what powers (if any) exist to require any action to be taken?"

Answer

Storm felled trees are the principal cause for "trees on private land falling onto public roads or footpaths". Accidental felling caused by an identifiable person are so few as to be inconsequential. The importance of this differentiation is set out in the main response.

Consequentially, this answer is presented in the specific context of trees felled by storms onto public roads or footpaths. It explains the immediate safety response, responsibilities and cost recovery on the Government's main road network, for which the Minister for Infrastructure is responsible, as set out in the States' Voies de Grande Communication, Acte 1934.

1. the procedure that should be followed

The immediate priority is public safety, then restoring and maintaining access for emergency responders and other road users.

Where a storm brings a tree down onto a public road or footpath, the Minister for Infrastructure will act through the Department to make the area safe and clear the obstruction so that people can pass. This approach reflects the general duties and powers contained in the Loi (1914) sur la Voirie and the Roads Administration (Jersey) Law 1960.

Where a tree presents an immediate danger or blocks the highway, clearance is undertaken straight away, without prior notice to the occupier, to restore safety and maintain accessibility. Where multiple roads are blocked the work is triaged and prioritised by strategic importance of the route to be provided.

Any follow up with a landowner would be via direct contact from the Department or through the Parish and its Branchage' powers under the Loi (1914) sur la Voirie. Occupiers must keep vegetation clear of roads and footpaths.

2. who is responsible for and carries out the clearing of the road or footpath

On the States' main road network, the Minister for Infrastructure is responsible and arranges and undertakes clearance to restore and maintain safe passage.

3. who bears the cost for clearing and under what circumstances the landowner is liable for those costs

Storm-felled trees are not treated as "accident debris" caused by an identifiable person. As such, the automatic cost-recovery route that applies following an accident is generally not available for storms under current highways legislation.

On the main road network, the Minister will clear the obstruction for safety. Any recovery from landowners would depend upon demonstrating negligence (for example, where a clearly dangerous tree had been left unaddressed) or on non-compliance with a prior formal safety notice by the highway authority or other body or person.

4. where costs are recoverable from the landowner, what procedure is followed, and how frequently are such costs successfully reclaimed

See answer to (c) above. For storm events there is generally no cost recovery route for main roads.

5. the amount the Government has spent on clearing fallen trees from public roads and footpaths in each of the last five years

For isolated business-as-usual events these costs cannot easily be disaggregated from other departmental activities. However, for major storm events the department's procedures provide for a dedicated cost collector to be set up with the government's accounting system.

This information can be used to illustrate the scale of all in costs for a major storm event. For Storm Goretti, earlier this year, the Department's response costs were in the order of £150,000. These costs were unbudgeted and have had to be absorbed from within existing Departmental budgets.

6. of the amount provided in (e), how much has been recovered from landowners

See answer to (c) above, for storm events there is generally no cost recovery route for main roads.

7. whether the Government and/or Parishes undertake any proactive inspection or issue advice to landowners where trees appear poorly maintained or present a risk to public roads or footpaths, and if so, what powers (if any) exist to require any action to be taken?

The Government of Jersey does not operate a general routine inspection regime for privately-owned trees adjoining the main road network. However, where visibility at corners or bends presents a safety concern, the Roads Administration (Jersey) Law 1960 enables the highway authority to require hedges, trees or banks to be altered to remove the hazard.

The parishes enforce branchage' duties on all roads, including main roads, these are not

necessarily restricted to the twice yearly Visites du Branchage, and can require removal of obstructions and undertaking of works in default with recovery of costs as a civil debt.

The Health and Safety Inspectorate published advice to duty holders (relating to workplaces) in October 2025 "Managing the risks associated with diseased or storm damaged trees" advising them of their responsibilities under the Health and Safety at Work (Jersey) Law in relation to trees.

Whilst this law would not generally apply to private dwellings, private landowners are encouraged to be

aware of, and review, the condition of trees on their land, especially those bordering

publicly accessible areas such as roads and footways, where the landowner would owe a duty of care to adjacent land users.

Parish by-roads

This response addresses the States' main road network. The legal position on parish by-roads is similar in principle but differs procedurally. Parishes enforce branchage duties typically through the

twice-yearly Visites du Branchage, but these powers can be exercised at any time to require removal of obstructions and undertake works in default with recovery of costs as a civil

debt. Parish branchage powers relate to any public road in the parish, including main roads. Members should be aware that those parish processes sit alongside the powers outlined above.